Court File and Parties

COURT FILE NO.: CV-12-00452256

DATE: 20210609

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: LCT INVESTMENT GROUP LTD. Plaintiff

AND:

HALLA CANADA INC., BELSTAR REALTY LTD., BELSTAR INC., and ASIM RAFIUDDIN Defendants

AND BETWEEN

HALLA CANADA INC., BELSTAR REALTY LTD., BELSTAR INC., and ASIM RAFIUDDIN Plaintiffs by Counterclaim

AND:

LCT INVESTMENT GROUP LTD., KEITH LY, JOUN YONG TSANG, GARY TSANG, NIN YU CAO and YONG LIU Defendants by Counterclaim

BEFORE: Mr. Justice Chalmers

COUNSEL: C. Raphael and D. Collett for the Plaintiff A. Rafiuddin, self-represented J. Martino, self-represented

HEARD: May 31, 2021

ENDORSEMENT

[1] The trial in this matter is scheduled to proceed before me, on June 14, 2021. On June 8, 2021, I received an e-mail from Dillon Collett, counsel for the Plaintiff advising that the action settled following the trial management conference which took place on May 31, 2021. Counsel provided a Consent to a Dismissal Order. The Consent was executed by Mr. Collett on behalf of the Plaintiff and the Defendants by Counterclaim, Joun Yong, Tsang, Gary Tsang, Yong Liu and Nin Yu Cao. The Consent was signed personally by Keith Ly. Mr. Rafiuddin executed the release personally and on behalf of the corporate Defendants.

[2] I did not accept the consent. Mr. Chapman continues to be counsel of record for all of the Defendants. I directed Mr. Rafiuddin to deliver a Notice of Intention to Act in Person, pursuant to R. 15.03(3). I also stated that if Mr. Chapman is no longer acting for the corporate Defendants, the parties must consent to an order granting leave to Mr. Rafiuddin to represent the corporate Defendants pursuant to R.15.04(6)(b).

[3] On June 9, 2021, I received an e-mail from Mr. Rafiuddin confirming that he agreed to settle the matter with opposing counsel. He asked that the order be signed right away. On June 9, 2021, I also received an e-mail from Mr. Collett. He advised that Mr. Rafiuddin had served a Notice of Intention to Act in Person on November 3, 2020. He provided a copy of the Notice of Intention to Act in Person and Affidavit of Service. Mr. Collett also advised the Ron Chapman executed the Consent for the dismissal order on behalf of the corporate Defendants. He provided a copy of the Consent executed by Mr. Chapman on June 9, 2021.

[4] I am satisfied that the Consent has been executed by Mr. Rafiuddin and Mr. Ly on their own behalf, and Mr. Chapman and Mr. Collet as counsel of record for the corporate Defendants and Plaintiffs respectively. I grant the Order sought and dismiss the action. The sum of $1,000,000 that had been posted with the Court as security for the Certificate of Pending Litigation bearing instrument number YR 1978385 dated May 16, 2013 plus all accrued interest therein, is paid out of court to Aird & Berlis LLP in trust for the Plaintiff.

[5] The trial date of June 14, 2021 is vacated.

[6] Order to go in accordance with the draft Order filed and signed by me.

DATE: JUNE 9, 2021